The relevance for the institute of mediation in modern Russia

Abstract

The article considers the problem of the relevance for the institute of mediation in Russia. Statistical data for the country concerning 2020 are presented and data for the Rostov region to the same period are analyzed. A comparative analysis is made with data for the same period in the Sverdlovsk region. The information and empirical base of the study consists of materials from: the website of the Judicial Department at the Supreme Court of the Russian Federation; the Association of Mediators of the Rostov region “Reconciliation”; “Reconciliation Rooms” in the Arbitration Court of the Sverdlovsk region. The methods of content analysis, statistical analysis, in-depth interviews, and a mass survey conducted among the employed population of the Rostov region aged 21 to 30 years were used. The study revealed: low awareness of respondents about the possibilities of using the mediation procedure, its structure and features; low level of modern mediation practice in the country. It is shown that in Russia today the courts are inundated with lawsuits, while mediation could well constructively solve many social problems. The necessity of creating favorable conditions for the development of mediation activity and its popularization is substantiated. The main reasons preventing the institution of mediation from becoming a popular activity among the population are identified: a low culture of conflict resolution, which in some cases leads to the avoidance of disputants from finding a suitable way to resolve it; a factor of insufficient confidence in the possibility of resolvinga dispute involving a third party. It is concluded that the lack of trust is primarily due to insufficient awareness of the population about the essence of the mediation procedure, about the legal status of the mediation agreement, which in the case of notarization has the force of an executive document. The wider use of all types of media, the increase in online platforms with the location of mediation webinars conducted by experienced specialists in this field will help spread the practice of mediation and will contribute to its early institutionalization.